{"operation":"document","citation":"CPF 520095022","title":"TESORO LOGISTICS OPERATIONS LLC - MOUNTAIN REGION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-05-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.420(b), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095022","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095022","body":"Notice of Probable Violation involving TESORO LOGISTICS OPERATIONS LLC - MOUNTAIN REGION. PHMSA's enforcement data identifies the cited regulations as 195.420(b),  195.428(a). The case was opened on 2009-05-27 and is reported as closed as of 2009-12-23. Proposed civil penalty: $27,600. Assessed civil penalty: $27,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095022_Final Order_12232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095022/520095022_Final%20Order_12232009.pdf\n\n520095022_Final Order_12232009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095022/520095022_Final%20Order_12232009_text.pdf\n\n520095022_NOPV PCP_05272009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095022/520095022_NOPV%20PCP_05272009.pdf\n\n520095022_NOPV PCP_05272009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095022/520095022_NOPV%20PCP_05272009_text.pdf\n\n520095022_Final Order_12232009_text.pdf\n\nDEC 23 2009\nMr. John Moore\nVice-President of Pipelines and Terminals\nTesoro Refining and Marketing Co.\n300 Concord Plaza\nSan Antonio, TX 78216-6999\nRe: CPF No. 5-2009-5022\nDear Mr. Moore:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand assesses a civil penalty of $27,600. I acknowledge receipt of your wire transfer of $27,600\non August 10, 2009, and accept it as payment in full of the civil penalty. This case is now\nclosed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R.\n§ 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5319]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTesoro Refining and Marketing Co., ) CPF No. 5-2009-5022\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn January 26 through 30, 2009, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site inspection of Tesoro Refining and Marketing Co.’s (Tesoro or Respondent)\nSalt Lake City Refinery Pipelines in Salt Lake City, Utah. Respondent operates nineteen (19)\nmiles of pipeline through which it transports crude oil and refined petroleum products.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated May 27, 2009, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. §§ 195.420 and 195.428, and proposed assessing a civil\npenalty of $27,600 for the alleged violations.\nRespondent failed to respond within 30 days of receipt of the Notice. Respondent’s failure to\nrespond constitutes a waiver of Respondent’s right to contest the allegations in the Notice and\nwaived its right to one.\nauthorizes the entry of this Final Order.1 Respondent did not request a hearing and therefore has\nRespondent paid the full proposed civil penalty of $27,600 on August 10, 2009.\n1 On October 14, 2009, the Director, Western Region, OPS sent a letter to Tesoro erroneously indicating that the\ncase was closed. Under 49 C.F.R. § 190.213, however, this case may only be closed by issuance of a final order.\n\n\n\n2\nFINDINGS OF VIOLATION\nRespondent did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.420 which states:\n§ 195.420 Valve maintenance.\n(a) . . . .\n(b) Each operator shall, at intervals not exceeding 7 1/2\nmonths, but at least twice each calendar year, inspect each\nmainline valve to determine that it is functioning properly.\n(c) . . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.420 by failing to inspect\ncertain mainline valves at intervals not exceeding 7 1/2 months, but at least twice each\ncalendar year. Specifically, Respondent’s maintenance records indicated that the\ninspection interval for eleven (11) mainline valves exceeded 7 ½ months during 2006 and\n2007. The following valves were overdue for inspection as follows:\nA. 25 Days Late\n1. Valve 912412-3\n2. Valve 912412-4\n3. Valve 912412-5\n4. Valve 912412-6\n5. Valve 912315-1\n6. Valve 724614-1\n7. Valve 133613-1\nB. 60 Days Late\n1. Valve 811415-6\n2. Valve 811415-8\n3. Valve 521414-8\n4. Valve 521414-7\nRespondent has not disputed this allegation. Accordingly, after considering all the\nevidence, I find Respondent violated 49 C.F.R. § 195.420 by failing to inspect the above-\nlisted mainline valves at intervals not exceeding 7 1/2 months, but at least twice each\ncalendar year.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428 which states:\n\n\n\n3\n§ 195.428 Overpressure safety devices and overfill protection\nsystems.\n(a) Except as provided in paragraph (b) of this section, each\noperator shall, at intervals not exceeding 15 months, but at least\nonce each calendar year, or in the case of pipelines used to carry\nhighly volatile liquids, at intervals not to exceed 7 1/2 months, but\nat least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of\npressure control equipment to determine that it is functioning\nproperly, is in good mechanical condition, and is adequate from the\nstandpoint of capacity and reliability of operation for the service in\nwhich it is used.\n(b) . . . .\n(c) . . . .\n(d) . . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428 by failing to inspect\ncertain overpressure safety devices (relief valves) at intervals not exceeding 15 months,\nbut at least once each calendar year. Specifically, Respondent’s records indicated that\nthe inspection interval for two (2) overpressure safety devices exceeded 15 months during\n2006 and 2007. The following devices were overdue for inspection by 53 days:\nA. Safety Device RV 16-125\nB. Safety Device RV 16-126\nRespondent has not disputed this allegation. Accordingly, after considering all the\nevidence, I find Respondent violated 49 C.F.R. § 195.428 by failing to inspect the above-\nlisted overpressure safety devices (relief valves) at intervals not exceeding 15 months, but\nat least once each calendar year.\nThese findings of violation will be considered prior offenses in any subsequent\nenforcement action taken against Respondent. Having reviewed the record and\nconsidered the assessment criteria, I assess Respondent a civil penalty of $27,600,\nalready paid by Respondent.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7106}